CFE Legal Frameworks & Regulatory Standards 5

Question 1

Which legal concept allows a court to draw an adverse inference against a party that destroys evidence after a duty to preserve has arisen?

Accepted Answer

Spoliation inference

Answer

The spoliation inference permits a fact-finder to presume that destroyed evidence would have been unfavorable to the party responsible for its destruction.

Question 2

Under the Foreign Corrupt Practices Act (FCPA), anti-bribery provisions prohibit payments to foreign officials to obtain or retain business. Which defense is explicitly recognized by the FCPA?

Accepted Answer

Affirmative defense for payments that are lawful under written local law

Answer

The FCPA provides an affirmative defense when a payment was lawful under the written laws and regulations of the foreign official's country.

Question 3

A forensic examiner is subpoenaed to produce a forensic report they prepared for defense counsel. The attorney asserts privilege. Which scenario would most likely OVERCOME the work product protection?

Accepted Answer

The opposing party demonstrates substantial need and inability to obtain equivalent information by other means

Answer

Ordinary work product protection can be overcome upon a showing of substantial need and undue hardship in obtaining the equivalent materials by other means.

Question 4

The Stored Communications Act (SCA) distinguishes between an 'electronic communication service' (ECS) and a 'remote computing service' (RCS). Why does this distinction matter to forensic examiners?

Accepted Answer

Different legal process requirements apply to compel disclosure from ECS versus RCS providers

Answer

The SCA imposes different legal process thresholds (warrant vs. court order vs. subpoena) depending on whether the provider is classified as an ECS or RCS and the age of stored content.

Question 5

When testifying as an expert witness, a forensic examiner should respond to a hypothetical question by:

Accepted Answer

Answering based on the assumed facts stated in the hypothetical, clearly noting they are assumed

Answer

Experts may properly answer hypothetical questions by applying their expertise to the assumed facts stated in the question, so long as they clarify those facts are assumed.

(CFE) Certified Forensic Examiner Practice Test

(CFE) Certified Forensic Examiner Practice Test

CFE Legal Frameworks & Regulatory Standards 5